Is it possible to privatize a share in a municipal apartment without the consent of the residents? How to privatize a room and split your personal account?

Features of the law

Is it possible to privatize a room in a municipal apartment? The regulations for the privatization of housing in the Russian Federation are contained in the Federal Law “On Privatization...” dated July 4, 1991.
According to it, the apartment is privatized exclusively as a whole into shared ownership or into the ownership of one of the registered ones, subject to the refusal of the remaining persons.

Registration of ownership of part of the housing is not provided . But at the same time, a similar action can be carried out if part of the apartment or room is allocated in kind. In this case, the apartment becomes essentially communal.

Article 72 of the Housing Code of the Russian Federation provides for the possibility of exchanging such an apartment for another residential premises provided under a social contract. hiring

Every citizen of the Russian Federation who is permanently registered in municipal housing has the right to one-time participation

If an obstacle to the exercise of this right is the disagreement of someone registered in the apartment, you can try to implement it by registering ownership rights only to your part of the housing .

Deadline in case of refusal

Even if you are sure that you are right, registrars may have a different opinion. The refusal to privatize makes further registration difficult. You will have to either eliminate the violations or abandon the procedure, being content with living in an apartment under a social tenancy agreement (see How to privatize an apartment, housing under a social tenancy agreement).

Grounds for refusal of privatization:

lack of consent of at least one member of the employer's family;
participation in privatization for the second time (with the exception of children if they register an apartment after reaching adulthood);
the property is classified as emergency;
identification of illegal apartment redevelopment;
housing cannot be privatized (official, in a military camp, part of an environmental zone, etc.).

In case of refusal, you can defend your rights only in court. Of course, this takes time, which will ultimately increase the total period of privatization of the apartment. Be prepared that, along with legal proceedings, the period will stretch for 6-12 months , or even longer. Much depends on the complexity of the case and related factors.

Goals

Allocating a room and then privatizing it allows you to become the rightful owner of the living space . From the moment of receiving the Certificate of Ownership of the room, the owner can take the following actions:

Conclude transactions for the alienation of a room (share).
Register any tenants in your living space without the consent of your neighbors.
Rent out a room.
Bequeath this living space.

The disadvantage of privatizing a separate room is the lack of rights to common areas.
From the moment of privatization of part of a municipal apartment, the owner becomes the owner of only a certain number of square meters .

He can only use the rest of the area (bathroom, toilet and utility rooms) together with other residents. He will not have property rights to this area.

How to allocate a share?

To acquire ownership rights to a part of an apartment, a mandatory condition is the allocation of this part in the form of a separate share in kind.

Since the law prohibits the privatization of a part of a common object , therefore, the possibility of acquiring ownership rights to a share will become possible if it becomes a separate object.

For this opportunity to arise, part of the apartment must meet the following requirements :

Represent a separate room or several rooms.
Have a separate entrance.
Be a completely isolated room from other rooms.

If it is possible to separate part of the premises, you need to start by contacting the owner of the property - local authorities. Since the division requires redevelopment of the apartment , the application must ask for permission for such actions.

If the answer is positive, you must contact the appropriate organization to draw up a redevelopment project.

Having received all the necessary permits and documents, the residents
divide the premises .
Then a new social tenancy agreement .

The allocated parts of the apartment become separate objects and are privatized in the usual manner.

Procedure

The general algorithm of actions is the same, although depending on the region there may be specific features. The privatization of the apartment takes place in stages:

Prepare documents and submit them to the responsible authority directly or through the MFC. Together with them, you must write an application for transfer of housing. According to the rules of the apartment privatization procedure, you receive a document confirming acceptance and the deadline for consideration of the case. In large regions, the application can be submitted online through State Services. Then an electronic notification confirms receipt of the application.
Based on the results of checking the documents, you will either receive a refusal if there are grounds, or you will be provided with a contract for the transfer of real estate ownership. Each participant in the process must be present at the signing. The contract is studied and signed only in the presence of a responsible employee.
The next step is to obtain confirmation of the transfer of ownership into private hands. The agreement should be sent to Rosreestr. To do this, you can transfer them to the MFC or directly through Rosreestr. After review and official registration, a signed contract and an extract from the Unified State Register are issued.

Question answer

In the process of how to privatize an apartment, there are a few more nuances that are worth knowing.

1. How can children sign the contract?

Children under 14 years of age are signed for by their representatives. From 14 to 18 they can already sign on their own, but under the supervision of representatives.

2. Where to start privatizing an apartment in 2021 and where to go?

The name of the responsible body may differ in different areas. The correct name is contained on the official website of the city or on the administration website. As a rule, this is a department or committee of property relations. Now, due to accessibility and simplicity, the most convenient option for many is the Multifunctional Center.

3. How long does it take to privatize an apartment?

Preliminary collection of papers takes up to 2 months. The document review stage takes the most time. He shouldn't have two months. The period also depends on where you submitted the agreement for re-registration. When submitted directly to Rosreestr, it is considered for 10 days, when submitted to the MFC – 14 days.

The total time is 3-5 months.

4. Cost of privatization of an apartment in 2021

The process itself is free, but you must pay a fee. It is 2,000 rubles and is paid not for each person, but for all housing. If 4 people participate, each will have to pay only 500 rubles.

5. What document is issued when privatizing an apartment?

As a result, you receive a privatization certificate, which indicates information about the owners, characteristics of the object, type of ownership and the basis of this right (inheritance, purchase and sale, etc.).

Where to get a certificate of privatization of an apartment - at the registration authority. It is enough to contact any convenient branch of Rosreestr.

6. Why did I get rejected?

There may be several reasons:

Incomplete list of documents for privatization of an apartment.
The differences are in the papers.
The participant has already been involved in the transfer of rights.
Minor children are not registered or there is no approval from the guardianship authorities.
Housing does not meet requirements.

To privatize an apartment, you need to correct the grounds for refusal and resubmit the documents. If the property does not meet the conditions, then all that remains is to wait until it begins to comply (relocation from a dilapidated building).

By agreement of the parties

How to privatize a room in a municipal apartment? If it is not possible to allocate a room along with part of the bathroom and kitchen, the division can be carried out by agreement of the parties .

In this case, those registered in the apartment draw up an agreement on the right to use the residential premises, which determines which specific room belongs to each resident.

The agreement specifies the following information:

Parties to the contract. Personal and passport data, information about the date of registration in the apartment.
Address and characteristics of the premises.
Distribution of rooms between residents, indicating their area.

The document is signed by the parties and certified by a notary.

is given a specific room for use , the rest of the apartment remains for joint use.

Thus, the apartment becomes communal with isolated living spaces and common areas.

How is part of a municipal apartment privatized without the consent of the residents?

Legal assistance

The rush to collect documents for privatization often backfires. In a hurry to submit a package, a person may forget about important information. As a result, time is lost and the package is returned back. You definitely shouldn’t act at random - before submitting documents, you need to collect the entire list and check it again. An unprepared person will not be able to do this, and even if he can, it will take him several months. It is much wiser to seek help from a lawyer.

We invite you to take advantage of a free online consultation.
An experienced lawyer will tell you what to do to collect documents, what papers need to be certified by a notary, how long to wait for the result, and is it possible to speed up the procedure? A lawyer will help you assess all the risks and calculate the approximate time for completing documents. By taking advantage of our consultation, you will be sure that privatization will be successful! Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Drawing up a separate rental agreement

Is it possible to privatize a share in a municipal apartment without the consent of the other residents? If it is not possible to reach an agreement with the residents of the apartment peacefully, the privatization of a share in a municipal apartment can only be carried out by drawing up a separate lease agreement .

In this case, the last word remains with the owner of the premises, that is, local authorities.

A citizen needs to contact the settlement administration with a request to
conclude new social tenancy agreements for the occupied living space.
It is quite difficult to achieve a positive decision from the authorities in this case, since turning the apartment into a communal apartment is not profitable for the authorities.

But if there are compelling arguments and a loyal attitude from local governments, this option is still possible .

If the authorities meet citizens halfway and conclude several rental agreements with residents of a municipal apartment, each of them will become the owner of a room and will be able to acquire ownership rights to it.

If the authorities refuse to carry out the procedure, you can try to resolve the issue through the court . A citizen files a claim for the renegotiation of social tenancy agreements.

Residents must prove that there is no family relationship and they run their household separately. When filing such a claim in court, it is advisable to seek the help of an experienced lawyer.

Deadline in practice

Experience knows isolated cases when people managed to privatize an apartment within 2 months. They can be called lucky, because in reality the procedure takes much more time. For example, in the best case it will take from 3 to 4 months , or even more. And this despite the fact that you do not have to go to court and prove your case.

What factors influence the timing of apartment privatization:

How quickly government agencies will consider an application depends on the region (for example, in Moscow and St. Petersburg, registration is much faster due to additional services).
The remoteness of all privatization participants from each other - the further away the people are, the more time it takes to collect their signatures.
The workload of local offices - a queue of people wishing to privatize an apartment - delays the registration deadline.
Availability of debts - if you have a debt for an apartment, then you can only get permission for privatization in court. This will take about 2-3 months.
Examinations and inspections of housing - if the apartment is considered unsafe, you need to order inspections from the BTI, which takes up to 2 months.

Thus, you need to prepare to wait for document verification. It is naive to count on a two-month period - at best, you will receive a certificate 3-4 months after submitting the documents.

Division of personal accounts

How to divide the personal account of a municipal apartment? An important step in allocating a share of an apartment is the division of personal accounts . Because the room becomes a separate object, such action becomes possible.

A registered citizen needs to submit an application to the Criminal Code or another organization that calculates payments. The application must be accompanied by a passport and a rental agreement. A separate account is opened for a specific room with a width of at least two square meters.

In Moscow, the minimum size of such a room should be 9 square meters . The size is not defined in the Housing Code of the Russian Federation, so other regions set their own standards.

If there is no agreement between residents or a separate social tenancy agreement, division of personal accounts is possible only through the court .

You can learn how to divide a personal account in a privatized apartment from our article.

Submitting an application

You can submit papers in any available way:

to the “My Documents” department of multifunctional centers;
online through the State Services portal;
personally visiting the housing department of the administration.

Applicants can be citizens of the Russian Federation, who have retained the right to use housing. Guardians and parents have the right to act on behalf of incapacitated citizens or young children in their interests.

Minors who are 14 years of age or older have the right to submit the application themselves. In this case, the mandatory consent (permission) of the parents is required.

The application form is not legally approved; the document is drawn up in writing at random or a form accepted by the administration is filled out.

The administrative regulations adopted in the region, establishing the process for providing municipal housing, also approve the application template.

The document can be typed on a computer or written by hand. The text should contain:

name of the authorized body;
exact location of the apartment;
information about the tenant and living relatives (full name, place of residence, passport details);
consent of relatives to privatization;
list of participants in the procedure;
refusal to acquire ownership of a municipal apartment;
technical parameters of the apartment;
signature of the applicant and registered persons;
date of compilation.

sample application.

Stages of room privatization

After receiving permission from the authorities to allocate a share, it is necessary to draw up a floor plan and obtain a technical passport for the allocated part.
To do this, you need to contact the BTI. Based on these documents, a separate cadastral passport .

From the moment these documents are received, the room becomes a separate piece of real estate, and it can be registered as a property under general conditions.

An application for privatization with a package of documents is submitted to local governments:

applicant's passport;
documents for the apartment;
rental agreement;
copy of personal account;
certificate of registration;
certificate of non-participation in privatization;
receipt of payment of state duty.

You can find out where to start the privatization process and in what cases a refusal may be received on our website.

What takes the most time?

An examination of the privatization procedure shows that, although it is troublesome, it is relatively short-lived. Thus, the answer to the question “How to quickly privatize an apartment?” - do not put off going to the authorities for too long. If you do not delay collecting and submitting documents, then by the end of the third month your apartment will be privatized.

In addition, according to the law, you can only privatize an apartment once. What takes the most time is the execution of an apartment transfer agreement (privatization agreement) - this period can even be two months, but in practice, it is usually completed in a few weeks.

To take part in the privatization ending in 2021, citizens must hurry to exercise their legal right.

The entire procedure takes several months, but the deadline will not be missed if the documents are submitted before March 1, 2021, even if the owner receives the certificate of title itself later.

Read about what rights an apartment owner receives, what taxes he is required to pay and what responsibilities he bears in the articles on our website.